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ORDINANCE NO. 88-81
(Solid Waste Disposal Facility and Transfer Station Agreements)
The Contra Costa County Board of Supervisors ordains as follows
(omitting the parenthetical footnotes from the official text of
the enacted or amended provisions of the County Ordinance Code) :
SECTION 8. SUMMARY. Chapter 418-5 is added to the County
Ordinance Code to require a franchise from, or contract with the
County for the operation of a solid waste disposal facility or a
transfer/processing station.
SECTION II . Chapter 418-5 is added to the County Ordinance Code,
to read:
Chapter 418-5
FRANCHISES FOR SOLID WASTE FACILITIES
Article 418-5.2 General
418-5.202 Authority. This chapter is enacted, in part,
pursuant to the authority granted by Health and Safety Code
SS 4200 et seq. , Government Code S 66757 and the Constitution of
the State of California.
(Ord. 88-81 S 2 . )
418-5 .204 Other laws and regulations . Compliance with this
chapter does not waive or excuse compliance with all other
applicable provisions of this code, county ordinances and state
or federal laws and regulations.
(Ord. 88-81 S 2. )
Article 418-5.4 Definitions
418-5 .402 General. As used in this chapter, the following
words shall have the meanings set forth in this article.
(Ord. 88-81 S 2. )
418-5 .404 Solid waste. "Solid Waste" means all putrescible
and nonputrescible solid, semi-solid, and liquid wastes,
including garbage, trash, refuse, paper, rubbish, ashes,
industrial wastes, demolition and construction wastes, abandoned
vehicles and parts thereof, discarded home and industrial
appliances, manure, vegetable or animal solid and semi-solid
wastes, and other discarded solid and semi-solid wastes .
(Ord. 88-81 S 2. )
418-5.406 Solid waste disposal facility. "Solid waste
disposal facility" means a public or private facility, site or
location where the final disposal of solid waste occurs.
(Ord. 88-81 S 2. )
418-5 .408 Solid waste facility. "Solid waste facility"
includes a solid waste disposal facility and a solid waste
transfer/processing station.
(Ord. 88-81 S 2. )
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418-5.410 Transfer/processing station. "Transfer/processing
station" includes those facilities utilized to receive solid
wastes, temporarily store, separate, convert, or otherwise
process the materials in the solid wastes, or to transfer the
solid wastes directly from smaller to larger vehicles for
transport. "Transfer/processing station" or "station" does not
include any of 'the following:
(a) A facility, whose principal function is to receive,
store, separate, convert, or otherwise process in accordance with
state minimum standards, manure.
(b) A facility, whose principal function is to receive,
store, convert, or otherwise process wastes which have already
been separated for reuse and are not intended for disposal.
(c) The operations premises of a duly licensed solid waste
handling operator who receives, stores, transfers, or otherwise
processes wastes as an activity incidental to the conduct of a
refuse collection and disposal business in accordance with land
use approvals and health regulations. Pursuant to this
subsection, no storing of more than 90 cubic yards of wastes in
covered containers may be made during any 72-hour period on the
involved premises and no transfers may be made of uncontainerized
refuse from smaller refuse hauling motor vehicles to larger
refuse transfer motor vehicles for transport to the point of
ultimate disposal.
(Ord. 88-81 S 2; see Govt. C. S 66723. )
Article 418-5.6 Franchise or Contract
418-5 .602 Requirement. Except as set forth herein in
article 418-5 .8, no person, partnership, firm, corporation or
public entity shall establish, operate or carry on the business
of a solid waste facility in the unincorporated area of this
county unless, at the county's sole option, either (1) a
nonexclusive franchise has been granted therefor by the board in
accordance with the provisions of Health and Safety Code section
4200 et seq. or (2) the board has entered into an agreement with
such partnership, firm, corporation or public entity to
establish, operate or carry on the business of a solid waste
facility.
(Ord. 88-81 S 2; see Govt. C. S 66757. )
418-5 .604 Agreement content. Any franchise or agreement
approved pursuant to this article shall, among other things,
contain rules and regulations for the protection of the public
health, safety and welfare and provide that the board may review,
approve and control the rates to be charged customers by the
solid waste facility's owners and operators .
(Ord. 88-81 S 2. )
Article 418-5.8 Exceptions
418-5.802 Exception. Article 418-5. 6 shall not apply to
any solid waste disposal facility currently operating under a
valid land use permit issued by the board prior to August 31,
1988, or to any interim transfer/processing station currently
approved for operation pursuant to a land use permit issued by
the board prior to August 31, 1988 . The exception provided by
this section shall cease for any such issued permit upon its
expiration, renewal or major modification.
(Ord. 88-81 S 2. )
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Article 418-5.10 Violation
418-5. 1002 Misdemeanor. Any person, firm, partnership,
corporation or public entity which violates the provisions of
this chapter is guilty of a misdemeanor and upon conviction
thereof shall be punishable in accordance with chapter 14-8 .
(Ord. 88-81 S 2. )
SECTION III . EFFECTIVE DATE. This ordinance becomes effective
30 days after passage, and within 15 days of passage shall be
published once with the names of the Supervisors voting for and
against it in the Contra Costa Times, a newspaper published in
this County.
PASSED on October 4, 1988, by the following vote:
AYES: Supervisors powers, Fanden, McPeak, Torlakson
NOES: None.
ABSENT: Supervisor Schroder.
ABSTAIN: None.
ATTEST: Phil Batchelor, Clerk
of the Board and County
Administrator
B t4'jjjaz�r -
C. Matthews, Deputy Thomas A. Torlakson
Board Chair